A forceful impact can cause a brain injury even if there is no direct trauma to the head.
It is well known the force of an airbag deploying, forceful striking of the head against the headrest, or impact on the window or steering wheel can all cause a brain injury.
A “closed head injury” can also occur without physical trauma as a result of whiplash, which may cause the brain to slide back and forth resulting in a shearing, causing brain injury. The NFL is currently experiencing backlash in this regard due to the higher than normal potential for this type of injury to its players.
X-rays, MRIs and CT scans may not provide evidence of a brain injury but neuropsychological testing can substantiate the existence of a potential closed head injury.
Head injuries can be missed by doctors and lawyers when the signs and symptoms following a crash are not carefully identified and monitored and evaluated.
Head injury questionnaires
A head injury questionnaire is a useful tool for victims of injury, physicians and legal counsel to carefully evaluate the victim’s condition. For experienced personal injury lawyers this evaluation is always considered.
If there is evidence of a potential closed head injury, a referral to a neuropsychologist is essential.
If the head injury was the result of a motor vehicle accident, then Statutory Accident Benefits under the Ontario Insurance Act may be available to pay for the cost of the neuropsychological testing.
Symptoms of brain injury
Possible evidence of a brain injury can include but may not be limited to the following symptoms:
- unusual severe fatigue and/or lack of energy
- confusion and difficulty in expressing oneself
- word-finding problems (i.e. aphasia)
- hyper sensitivity to noise or light
- severe mood changes that did not pre-exist the crash, general emotional lability, major depression
- ringing in the ears
- balance problems
- lack of initiative
- unusual problems with calculations
- reduced motivation apathy
These conditions do not necessarily provide conclusive evidence of a brain injury.
But when some or all of these conditions exist, particularly when there was a head trauma or forceful high impact collision with significant damage, then a head injury should be suspected and evaluated.
Medical and legal counsel are needed so avoid missing a potentially devastating injury. The lack of other physical injuries may distract them from identifying a potential closed head injury.
See your doctor immediately
See your doctor when unusual symptoms of injury occur after a trauma. Consult with legal counsel and make sure these conditions are properly reported and documented.
A victim should first consult with a family physician or treating specialist, like a neurologist, if a head injury is suspected. With the assistance of legal counsel or a physician, a referral can be made to a neuropsychologist and treatment arranged.
Early treatment for an identified brain injury is important.
A failure to diagnose and treat this type of severe injury may result in a prolonged or frustrated rehabilitation process and may very well impact marital and family relationships or a victim’s income.
It’s important to appreciate a brain injury can occur even when there are no other physical injuries.
